Cypress Fairway Condominium, etc, et al v. Bergeron Construction Co, Inc., etc, et al, Case No. 5D13-4102 (Fla. 5th DCA 2015). In this case, the 5th District Court of Appeals was asked to interpret the Florida Statute of Repose to determine if the statute commenced to run when construction was completed or, the date on which final payment was made. In this case, a condominium association brought suit against several parties for construction defects. One of the defendants moved to dismiss the case on the grounds that the 10 year statute of repose had already expired. Pursuant to Florida Statute 95.11(3)(c), an action founded on the design, planning, or construction of an improvement to real property must be commenced within ten years after the latest of four specified events. At issue in this case was the meaning of the fourth option—the date of "completion . . . of the contract." The defendant argued the contract was completed on January 31, 2001, the date on which the Final Application for Payment was made. Accordingly, it contends that the statute of repose period commenced to run on that date. Contrarily, the Association contended the contract was not completed and that the statute of repose period did not commence to run until February 2, 2001, when final payment was made. This three-day difference is critical here because the claims against Defendant were not filed until February 2, 2011; hence, the claims were timely if the repose period commenced on February 2, 2001, or later, but were untimely if the repose period commenced at an earlier date. Ultimately, the 5th DCA concluded the Statute of Repose commenced to run on the date on which final payment was made under the terms of the contract.